Y DETAILED ACTION
Notice of Pre-AIA or AIA Status
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Claim Interpretation
The following is a quotation of 35 U.S.C. 112(f):
(f) Element in Claim for a Combination. – An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The following is a quotation of pre-AIA 35 U.S.C. 112, sixth paragraph:
An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
This application includes one or more claim limitations that do not use the word “means,” but are nonetheless being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, because the claim limitation(s) uses a generic placeholder that is coupled with functional language without reciting sufficient structure to perform the recited function and the generic placeholder is not preceded by a structural modifier. Such claim limitation(s) is/are: “the water content estimation unit estimates a water content of a cathode of the fuel cell before scavenging of the cathode is started” and “the anode scavenging setting unit sets time and start timing of scavenging of an anode of the fuel cell based on the water content” in claim 1, and “the water content estimation unit estimates the water content of the cathode during the scavenging of the cathode and calculates a water content change rate” and “the anode scavenging setting unit changes the time and the start timing of the scavenging of the anode based on the water content change rate” in claim 2.
Because this/these claim limitation(s) is/are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, it/they is/are being interpreted to cover the corresponding structure described in the specification as performing the claimed function, and equivalents thereof.
If applicant does not intend to have this/these limitation(s) interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, applicant may: (1) amend the claim limitation(s) to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph (e.g., by reciting sufficient structure to perform the claimed function); or (2) present a sufficient showing that the claim limitation(s) recite(s) sufficient structure to perform the claimed function so as to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph.
Drawings
The drawings are objected to because the fuel cell depicted in Fig. 1 is incorrectly labeled as “RC STACK” instead of “FC STACK” (see para [0014] of the Instant Specification).
Corrected drawing sheets in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. The figure or figure number of an amended drawing should not be labeled as “amended.” If a drawing figure is to be canceled, the appropriate figure must be removed from the replacement sheet, and where necessary, the remaining figures must be renumbered and appropriate changes made to the brief description of the several views of the drawings for consistency. Additional replacement sheets may be necessary to show the renumbering of the remaining figures. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claims 1-2 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Claim 1 recites the feature of an anode scavenging setting unit that sets time and start timing of scavenging of an anode of the fuel cell based on the water content.
This renders the claim indefinite, because the written description provides insufficient structural information about the anode scavenging setting unit for one of ordinary skill in the art to make and use the claimed invention.
Similarly, Claim 2 recites the feature of an anode scavenging setting unit that changes the time and the start timing of the scavenging of the anode based on the water content change rate.
This renders the claim indefinite, because the written description provides insufficient structural information about the anode scavenging setting unit for one of ordinary skill in the art to make and use the claimed invention.
Claim Rejections - 35 USC § 101
35 U.S.C. 101 reads as follows:
Whoever invents or discovers any new and useful process, machine, manufacture, or composition of matter, or any new and useful improvement thereof, may obtain a patent therefor, subject to the conditions and requirements of this title.
Claims 1-2 are rejected under 35 U.S.C. 101 because the claimed invention is directed to an abstract idea that has not been integrated into a particular practical application.
Regarding claim 1, the instant claim recites a water content estimation unit wherein “the water content estimation unit estimates a water content of a cathode.” Claim 1 additionally recites the limitation “the anode scavenging setting unit sets time and start timing of scavenging of an anode of the fuel cell based on the water content.” These are both abstract ideas because “estimates” is an abstract mathematical operation and the limitation “based on” is an abstract evaluation. Neither of these abstract ideas appear to have been integrated into a particular practical application because the fuel cell, water estimation unit and scavenging setting unit are claimed with a high degree of generality that does not impose any meaningful limits on practicing the abstract idea and are merely generally linking the abstract ideas to the field of endeavor (see MPEP § 2106.05(h)).
Further, the claim does not include additional elements that are sufficient to amount to significantly more than the judicial exception. The claimed water content estimation unit is claimed generically, and unit that estimates the water content of a fuel cell is commonly known in the art, as demonstrated by Manabe et al. (US 2009/0208786) (see e.g. stack residual water amount calculating section 281, Manabe et al.: [0053], Fig. 3). Also, the claimed anode scavenging setting unit that sets a start and stop time for a scavenging operation is commonly known in the art (see e.g. estimating section 283, Manabe et al.: [0057], Fig. 3).
The claim is not patent eligible. Claim 2 incorporates all of the limitations of Claim 1 and is therefore similarly rejected.
Regarding claim 2, the instant claim recites a water content estimation unit wherein “the water content estimation unit estimates a water content of a cathode.” Claim 2 additionally recites the limitation “the anode scavenging setting unit sets time and start timing of scavenging of an anode of the fuel cell based on the water content change rate.” These are both abstract ideas because “estimates” is an abstract mathematical operation and the limitation “based on” is an abstract evaluation. Neither of these abstract ideas appear to have been integrated into a particular practical application because the fuel cell, water estimation unit and scavenging setting unit are claimed with a high degree of generality that does not impose any meaningful limits on practicing the abstract idea and are merely generally linking the abstract ideas to the field of endeavor (see MPEP § 2106.05(h)).
Further, the claim does not include additional elements that are sufficient to amount to significantly more than the judicial exception. The claimed water content estimation unit is claimed generically, and unit that estimates the water content of a fuel cell is commonly known in the art, as demonstrated by Manabe et al. (US 2009/0208786) (see e.g. stack residual water amount calculating section 281, Manabe et al.: [0053], Fig. 3). Also, the claimed anode scavenging setting unit that sets a start and stop time for a scavenging operation is commonly known in the art (see e.g. estimating section 283, Manabe et al.: [0057], Fig. 3).
The claim is not patent eligible.
Claim Rejections - 35 USC § 103
The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
Claim(s) 1-2 are rejected under 35 U.S.C. 103 as being unpatentable over Manabe et al. (US 2009/0208786) in view of Laribi et al. (Laribi, S., Mammar, K., Hamouda, M., & Sahli, Y. (2016). International Journal of Hydrogen Energy, 41(38), 17093-17101).
As to claim 1, Manabe et al. discloses a fuel cell system comprising:
a fuel cell (see e.g. fuel cell 40, Manabe et al.: [0030] and Fig. 3);
a water content estimation unit (see e.g. stack residual water amount calculating section 281, Manabe et al.: [0053], Fig. 3); and
an anode scavenging setting unit (see e.g. estimating section 283, Manabe et al.: [0057], Fig. 3), wherein
the water content estimation unit estimates a water content of a cathode of the fuel cell before scavenging of the cathode is started (see e.g. step S40, Manabe et al.: [0066] and Fig. 7, stack residual water amount calculating section 281 calculates the amount of residual water in the stack. This operation is performed before scavenging of the cathode is started as per Manabe et al.: [0012]-[0013], which states that the control means performs the scavenging based on the estimated time required which is based on the water content. As such, the water content estimation is performed before scavenging of the cathode is started).
The water content estimation unit of Manabe et al.’s fuel cell system uses the impedance of the fuel cell to estimate a water content of the fuel cell (see e.g. the stack residual water amount, Manabe et al.: [0053]) but Manabe et al. does not explicitly disclose that the water content estimation unit estimates the water content of a cathode of the fuel cell.
However, Laribi et al., also working on the problem of moisture in fuel cells, teaches that water is produced in the cathode of a fuel cell during operation, and that this water impacts the impedance of the fuel cell (see e.g. Laribi et al.: pg. 17094, col. 2, para 3 and pg. 17099, col. 1, para 1-col. 2, para 1).
One of ordinary skill in the art prior to the filing date of the claimed invention would therefore have understood that the water content estimation of the fuel cell measured by the water content estimation unit of Manabe et al. is functionally equivalent to an estimation of the water content of the cathode of the fuel cell. This is because Laribi et al. teaches that the water is produced in the cathode of the fuel cell during operation.
Further regarding claim 1, the structure of Manabe et al. in view of Laribi et al.’s water content estimation unit (see e.g. stack residual water amount calculating section 281, [0053]) includes an impedance measurement unit (see e.g. impedance measuring section 180, which can reasonably be considered to be part of the stack residual water amount calculating section 281, [0046], [0066] and Fig. 3) and a stored data group (see e.g. [0066], the water amount calculating section 281 receives the stack impedance and therefore must store this stack impedance as a stored data group), and therefore corresponds to the structure described in the specification, which comprises an impedance measurement unit and a stored data group. (see para [0036] of the Instant Specification).
Further regarding claim 1, Manabe et al. in view of Laribi et al.’s fuel cell system comprises an anode scavenging setting unit (see e.g. estimating section 283, [0057]) such that
the anode scavenging setting unit sets time and start timing of scavenging of an anode of the fuel cell based on the water content (see e.g. [0057] and [0061], estimating section 283 estimates and outputs the required scavenging time based on the amount Wd of water content needed to be decreased, which is based on the stack residual water amount Ws as per [0055]. As such, the operation of Manabe et al. in view of Laribi et al.’s estimating section 283 reads on the claimed process of setting the time and start timing of scavenging of an anode of the fuel cell based on the water content).
The structure of Manabe et al. in view of Laribi et al.’s anode scavenging setting unit (see e.g. estimating section 283) includes a drainage process command logic (see e.g. [0057], the estimating section 283 performs a calculation to determine the required scavenging time, and therefore must have a command logic that reads on a drainage process command logic in order to perform this calculation), and therefore corresponds to the structure described in the specification, which comprises drainage process command logic. (see para [0038] of the Instant Specification).
As to claim 2, Manabe et al. in view of Laribi et al. discloses the fuel cell system according to claim 1, wherein
the water content estimation unit estimates the water content of the cathode during the scavenging of the cathode and calculates a water content change rate (see e.g. Manabe et al.: [0056], the stack water calculating section 282, which can reasonably be interpreted to be part of the water content estimation unit, calculates an amount Wdd of stack water to be decreased per unit time, which reads on calculating a water content change rate),
and the anode scavenging setting unit changes the time and the start timing of the scavenging of the anode based on the water content change rate (see e.g. [0057] and [0061], estimating section 283 estimates and outputs the required scavenging time based on the amount Wdd of stack water to be decreased per unit time, which reads on a water content change rate. As such, the operation of Manabe et al. in view of Laribi et al.’s estimating section 283 reads on the claimed process of setting the time and start timing of scavenging of an anode of the fuel cell based on the water content change rate).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure:
Imamura et al. (US 2010/0081022) discloses a fuel cell which the AC impedance of a fuel cell stack is used to determine the water content and a scavenging execution time is estimated based on the water content (see Abstract).
Inoue et al. (US 2023/0317988) discloses a fuel cell in which a water accumulation state acquisition unit measures the amount of water in a fuel cell stack and uses this information to control the drainage of the fuel cell(see para [0019]).
Namba et al. (US 2019/0140291) discloses a fuel cell in which the AC impedance of a fuel cell stack is used to determine the water content (see para [0057]).
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/A.M.H./Examiner, Art Unit 1723
/BACH T DINH/Primary Examiner, Art Unit 1726 07/30/2026
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